United States v. Hoosier

Court of Appeals for the Sixth Circuit

542 F.2d 687 (6th Cir. 1976)

November 16, 2006

When a party acquiesces by remaining silent after hearing a statement made in his presence, that statement may be admissible as an admission by a party opponent under Federal Rules of Evidence Rule 801(d)(2)(B) if it was a statement such that it was reasonable for the party to deny the truth of the statement.

Relevant Facts

The defendant was arrested on suspicion of bank robbery. At trial, three witnesses identified the defendant as the robber. A fourth witness testified that after the robbery, the witness heard the defendant’s girlfriend brag that there were sacks of money in the room. The defendant was present for this conversation, and was silent.

Issue

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Holding & Reasoning

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Concurrence

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Dissent

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Last updated:

November 19, 2020

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Procedural History

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Citations

542 F.2d 687 (6th Cir. 1976)